BILL NUMBER: AB 1385	CHAPTERED  10/10/99

	CHAPTER   874
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN SENATE   SEPTEMBER 10, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Members Battin, Cardenas, and Villaraigosa,
and Senator Burton
   (Principal coauthors:  Assembly Members Ducheny, Havice, and Soto)

   (Principal coauthors:  Senators Brulte and Polanco)
   (Coauthors:  Assembly Members Ashburn, Bates, Baugh, Brewer,
Briggs, Campbell, Cox, Cunneen, Dickerson, Granlund, Kaloogian,
Leonard, Maddox, Maldonado, Margett, McClintock, Olberg, Oller,
Robert Pacheco, Rod Pacheco, Pescetti, Runner, Strickland, and
Zettel)
   (Coauthors:  Senators Alarcon, Escutia, McPherson, Rainey, and
Wright)

                        FEBRUARY 26, 1999

   An act to add Sections 12012.25, 12012.75, and 12012.85 to the
Government Code, relating to Indian tribes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1385, Battin.  Indian tribes:  tribal-state gaming compacts.
   Existing federal law, the Indian Gaming Regulatory Act of 1988,
hereafter IGRA, provides for the negotiation and execution of
tribal-state gaming compacts for the purpose of authorizing class III
gaming, as defined, on Indian lands within a state.  Existing
federal law does not specify which official of a state shall
negotiate and execute these compacts.  Existing state law provides
that the Governor is the sole official organ of communication between
the government of this state and the government of any other state
or of the United States, but currently operative law does not
specifically designate the Governor as the sole organ of
communication between this state and a tribal government.
   This bill would expressly ratify a number of specified
tribal-state gaming compacts, and would provide that any other
compact executed after September 10, 1999, is also ratified if
certified by the Governor to be materially identical to one of these
compacts, subject to review and possible rejection by the
Legislature.  The bill would require other compacts to be ratified by
statute, as specified.  The bill would provide that the Governor is
the designated state officer responsible for negotiating and
executing, on behalf of the state, tribal-state gaming compacts with
federally recognized Indian tribes located within the State of
California pursuant to IGRA for the purpose of authorizing class III
gaming on Indian lands within this state and would provide that these
provisions shall not be construed to deny the Governor's authority
to have previously negotiated and executed these compacts.  This bill
would require the Governor, following completion of negotiations, to
submit a copy of the executed compact to the Legislature for its
ratification, and to the Secretary of State, who would be required to
forward a copy of the executed compact and ratifying statute, if
applicable, to the Secretary of Interior in accordance with a
specified provision of IGRA upon his or her receipt of the statute
ratifying the tribal-state compact or upon expiration of a specified
review period.  The bill would provide that the execution of, and the
on-reservation impacts of compliance with the terms of, these
compacts, shall not be deemed to constitute a project for purposes of
the California Environmental Quality Act.  The bill would also
create a special fund within the State Treasury for the receipt and
deposit of moneys derived from gambling device license fees that are
received from tribes pursuant to the terms of tribal-state gaming
compacts, for the purpose of making distributions to noncompact
tribes, and would provide that moneys in that fund shall be available
to the California Gambling Control Commission, upon appropriation by
the Legislature, for expenditure for that purpose.  The bill would
also create a separate fund in the State Treasury for receipt and
deposit of moneys received from tribes pursuant to the terms of
tribal-state gaming compacts, and would provide that these moneys
would be available for appropriation by the Legislature, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12012.25 is added to the Government Code, to
read:
   12012.25.  (a) The following tribal-state gaming compacts entered
into in accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C.  Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
are hereby ratified:
   (1) The compact between the State of California and the Alturas
Rancheria, executed on September 10, 1999.
   (2) The compact between the State of California and the Barona
Band of Mission Indians, executed on September 10, 1999.
   (3) The compact between the State of California and the Big Sandy
Rancheria Band of Mono Indians, executed on September 10, 1999.
   (4) The compact between the State of California and the Big Valley
Rancheria, executed on September 10, 1999.
   (5) The compact between the State of California and the Bishop
Paiute Tribe, executed on September 10, 1999.
   (6) The compact between the State of California and the Blue Lake
Rancheria, executed on September 10, 1999.
   (7) The compact between the State of California and the Buena
Vista Band of Me-wuk Indians, executed on September 10, 1999.
   (8) The compact between the State of California and the Cabazon
Band of Mission Indians, executed on September 10, 1999.
   (9) The compact between the State of California and the Cahto
Tribe of Laytonville, executed on September 10, 1999.
   (10) The compact between the State of California and the Cahuilla
Band of Mission Indians, executed on September 10, 1999.
   (11) The compact between the State of California and the Campo
Band of Mission Indians, executed on September 10, 1999.
   (12) The compact between the State of California and the
Chemehuevi Indian Tribe, executed on September 10, 1999.
   (13) The compact between the State of California and the Chicken
Ranch Rancheria, executed on September 10, 1999.
   (14) The compact between the State of California and the Coast
Indian Community of the Resighini Rancheria, executed on September
10, 1999.
   (15) The compact between the State of California and the Colusa
Indian Community, executed on September 10, 1999.
   (16) The compact between the State of California and the Dry Creek
Rancheria Band of Pomo Indians, executed on September 10, 1999.
   (17) The compact between the State of California and the Elk
Valley Rancheria, executed on September 10, 1999.
   (18) The compact between the State of California and the
Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.
   (19) The compact between the State of California and the Hoopa
Valley Tribe, executed on September 10, 1999.
   (20) The compact between the State of California and the Hopland
Band of Pomo Indians, executed on September 10, 1999.
   (21) The compact between the State of California and the Jackson
Band of Mi-Wuk Indians, executed on September 10, 1999.
   (22) The compact between the State of California and the Jamul
Indian Reservation, executed on September 10, 1999.
   (23) The compact between the State of California and the La Jolla
Indian Reservation, executed on September 10, 1999.
   (24) The compact between the State of California and the Manzanita
Tribe of Kumeyaay Indians, executed on September 10, 1999.
   (25) The compact between the State of California and the Mesa
Grande Band of Mission Indians, executed on September 10, 1999.
   (26) The compact between the State of California and the
Middletown Rancheria Band of Pomo Indians, executed on September 10,
1999.
   (27) The compact between the State of California and the Morongo
Band of Mission Indians, executed on September 10, 1999.
   (28) The compact between the State of California and the Mooretown
Rancheria Concow Maidu Tribe, executed on September 10, 1999.
   (29) The compact between the State of California and the Pala Band
of Mission Indians, executed on September 10, 1999.
   (30) The compact between the State of California and the Paskenta
Band of Nomlaki Indians, executed on September 10, 1999.
   (31) The compact between the State of California and the Pechanga
Band of Luiseno Indians, executed on September 10, 1999.
   (32) The compact between the State of California and the Picayune
Rancheria of Chukchansi Indians, executed on September 10, 1999.
   (33) The compact between the State of California and the Quechan
Nation, executed on September 10, 1999.
   (34) The compact between the State of California and the Redding
Rancheria, executed on September 10, 1999.
   (35) The compact between the State of California and the Rincon,
San Luiseno Band of Mission Indians, executed on September 10, 1999.

   (36) The compact between the State of California and the Rumsey
Band of Wintun Indians, executed on September 10, 1999.
   (37) The compact between the State of California and the Robinson
Rancheria Band of Pomo Indians, executed on September 10, 1999.
   (38) The compact between the State of California and the
Rohnerville Rancheria, executed on September 10, 1999.
   (39) The compact between the State of California and the San
Manuel Band of Mission Indians, executed on September 10, 1999.
   (40) The compact between the State of California and the San
Pasqual Band of Mission Indians, executed on September 10, 1999.
   (41) The compact between the State of California and the Santa
Rosa Rancheria Tachi Tribe, executed on September 10, 1999.
   (42) The compact between the State of California and the Santa
Ynez Band of Chumash Indians, executed on September 10, 1999.
   (43) The compact between the State of California and the Sherwood
Valley Rancheria Band of Pomo Indians, executed on September 10,
1999.
   (44) The compact between the State of California and the Shingle
Springs Band of Miwok Indians, executed on September 10, 1999.
   (45) The compact between the State of California and the Smith
River Rancheria, executed on September 10, 1999.
   (46) The compact between the State of California and the Soboba
Band of Mission Indians, executed on September 10, 1999.
   (47) The compact between the State of California and the
Susanville Indian Rancheria, executed on September 10, 1999.
   (48) The compact between the State of California and the Sycuan
Band of Kumeyaay Indians, executed on September 10, 1999.
   (49) The compact between the State of California and the Table
Mountain Rancheria, executed on September 10, 1999.
   (50) The compact between the State of California and the Trinidad
Rancheria, executed on September 10, 1999.
   (51) The compact between the State of California and the Tule
River Indian Tribe, executed on September 10, 1999.
   (52) The compact between the State of California and the Tuolumne
Band of Me-wuk Indians, executed on September 10, 1999.
   (53) The compact between the State of California and the Twenty
Nine Palms Band of Mission Indians, executed on September 10, 1999.
   (54) The compact between the State of California and the Tyme
Maidu Tribe, Berry Creek Rancheria, executed on September 10, 1999.
   (55) The compact between the State of California and the United
Auburn Indian Community, executed on September 10, 1999.
   (56) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on September 10, 1999.
   (57) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on September 10, 1999.
   (b) Any other tribal-state gaming compact entered into between the
State of California and a federally recognized Indian tribe which is
executed after September 10, 1999, is hereby ratified if both of the
following are true:
   (1) The compact is identical is all material respects to any of
the compacts expressly ratified pursuant to subdivision (a).  A
compact shall be deemed to be materially identified to a compact
ratified pursuant to subdivision (a) if the Governor certifies it is
materially identical at the time he or she submits it to the
Legislature.
   (2) The compact is not rejected by each house of the Legislature,
two-thirds of the membership thereof concurring, within 30 days of
the date of the submission of the compact to the Legislature by the
Governor.  However, if the 30-day period ends during a joint recess
of the Legislature, the period shall be extended until the fifteenth
day following the day on which the Legislature reconvenes.
   (c) The Legislature acknowledges the right of federally recognized
Indian tribes to exercise their sovereignty to negotiate and enter
into tribal-state gaming compacts that are materially different from
the compacts ratified pursuant to subdivision (a).  These compacts
shall be ratified by a statute approved by each house of the
Legislature, a majority of the members thereof concurring, and signed
by the Governor, unless the statute contains implementing or other
provisions requiring a supermajority vote, in which case the statute
shall be approved in the manner required by the Constitution.
   (d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes located
within the State of California pursuant to the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25
U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class III
gaming, as defined in that act, on Indian lands within this state.
Nothing in this section shall be construed to deny the existence of
the Governor's authority to have negotiated and executed tribal-state
gaming compacts prior to the effective date of this section.
   (e) Following completion of negotiations conducted pursuant to
subdivision (b) or (c), the Governor shall submit a copy of any
executed tribal-state compact to both houses of the Legislature for
ratification, and shall submit a copy of the executed compact to the
Secretary of State for purposes of subdivision (f).
   (f) Upon receipt of a statute ratifying a tribal-state compact
negotiated and executed pursuant to subdivision (c), or upon the
expiration of the review period described in subdivision (b), the
Secretary of State shall forward a copy of the executed compact and
the ratifying statute, if applicable, to the Secretary of the
Interior for his or her review and approval, in accordance with
paragraph (8) of subsection (d) of Section 2710 of Title 25 of the
United States Code.
   (g) In deference to tribal sovereignty, neither the execution of a
tribal-state gaming compact nor the on-reservation impacts of
compliance with the terms of a tribal-state gaming compact shall be
deemed to constitute a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
  SEC. 2.  Section 12012.75 is added to the Government Code, to read:

   12012.75.  There is hereby created in the State Treasury a special
fund called the "Indian Gaming Revenue Sharing Trust Fund" for the
receipt and deposit of moneys derived from gaming device license fees
that are paid into the fund pursuant to the terms of tribal-state
gaming compacts for the purpose of making distributions to noncompact
tribes.  Moneys in the Indian Gaming Revenue Sharing Trust Fund
shall be available to the California Gambling Control Commission,
upon appropriation by the Legislature, for the purpose of making
distributions to noncompact tribes, in accordance with distribution
plans specified in tribal-state gaming compacts.
  SEC. 3.  Section 12012.85 is added to the Government Code, to read:

   12012.85.  There is hereby created in the State Treasury a fund
called the "Indian Gaming Special Distribution Fund" for the receipt
and deposit of moneys received by the state from Indian tribes
pursuant to the terms of tribal-state gaming compacts.  These moneys
shall be available for appropriation by the Legislature for the
following purposes:
   (a) Grants, including any administrative costs, for programs
designed to address gambling addiction.
   (b) Grants, including any administrative costs, for the support of
state and local government agencies impacted by tribal government
gaming.
   (c) Compensation for regulatory costs incurred by the State Gaming
Agency and the Department of Justice in connection with the
implementation and administration of tribal-state gaming compacts.
   (d) Any other purpose specified by law.
